By virtue of a Power of Sale contained in that certain Security Deed from DEBRA L SANNUTTI, JOE SANNUTTI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FULL SPECTRUM LENDING, INC., dated October 15, 2003, recorded November 4, 2003, in Deed Book 383, Page 324-338 see also Final Order at Deed Book 491, Page 418, Appling County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Seventy-Seven Thousand and 00/100 dollars ($177,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Appling County, Georgia, within the legal hours of sale on the first Tuesday in November, 2013, all property described in said Security Deed including but not limited to the following described property:
ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LOCATED IN LAND LOT 244, 2ND LAND DISTRICT, OF APPLING COUNTY, GEORGIA, CONSISTING OF 2.428 ACRES AND BEING MORE PARTICULARLY DESCRIBED BY THAT CERTAIN PLAT OF SURVEY BY M. JERRY TOMBERLIN JR., GA. R.L.S. 2942, HAVING A DATE OF 01/16/12 AS FOLLOWS:
TRACT I:
TO FIND THE POINT OF BEGINNING: PROCEED FROM A 2.5" PIPE AS THE SOUTHEAST CORNER OF LAND LOT 244 SOUTH 89 DEGREES 46 MINUTES 20 SECONDS WEST A DISTANCE OF 3,576.36 FT. TO AN IRON PIN, THENCE SOUTH 89 DEGREES 46 MINUTES 20 SECONDS WEST A DISTANCE OF 27.76 FT. TO THE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES-46 MINUTES 20 SECONDS WEST A DISTANCE OF 268.70 FT. TO AN IRON PIN, THENCE NORTH 35 DEGREES 10 MINUTES 32 SECONDS EAST A DISTANCE OF 19.28 FT. TO A POINT THENCE NORTH 35 DEGREES 10 MINUTES 32 SECONDS EAST A DISTANCE OF 250.53 FT. TO A POINT, THENCE NORTH 35 DEGREES 10 MINUTES 32 SECONDS EAST A DISTANCE OF 58.59 FT. TO AN IRON PIN THENCE SOUTH 49 DEGREES 23 MINUTES 00 DEGREES EAST A DISTANCE OF 100.75 FT. TO AN IRON PIN, THENCE SOUTH 00 DEGREES 51 MINUTES 42 SECONDS EAST A DISTANCE OF 74.14 FT. TO AN IRON PIN, THENCE SOUTH 00 DEGREES 51 MINUTES 42 SECONDS EAST A DISTANCE OR 111.91 FT. TO A POINT, THENCE SOUTH 00 DEGREES 51 MINUTES 42 SECONDS EAST A DISTANCE OF 15.74 FT. BACK TO THE POINT OF BEGINNING.
TRACT 2:
TO FIND THE POINT OF BEGINNING: PROCEED FROM A 2.5" PIPE AS THE SOUTHEAST CORNER OF LAND LOT 244 SOUTH 89 DEGREES 46 MINUTES 20 SECONDS WEST A DISTANCE OF 3,576.36 FT. TO AN IRON PIN, THENCE SOUTH 89 DEGREES 46 MINUTES 20 SECONDS WEST A DISTANCE OF 27.76 FT. TO AN IRON PIN, THENCE SOUTH 89 DEGREES 46 MINUTES 20 SECONDS WEST A DISTANCE OF 268.70 FT. TO AN IRON PIN, THENCE NORTH 35 DEGREES 10 MINUTES 32 SECONDS EAST A DISTANCE OF 19.28 FT. TO THE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 45 MINUTES 55 SECONDS WEST A DISTANCE OF 190.68 FT. TO AN IRON PIN, THENCE NORTH 00 DEGREES 30 MINUTES 23 SECONDS WEST A DISTANCE OF 245.05 FT. TO AN IRON PIN, THENCE SOUTH 83 DEGREES 29 MINUTES 39 SECONDS EAST A DISTANCE OF 209.59 FT. TO AN IRON PIN, THENCE SOUTH 83 DEGREES 02 MINUTES 36 SECONDS EAST A DISTANCE OF 11.51 FT. TO AN IRON PIN, THENCE SOUTH 83 DEGREES 02 MINUTES 36 SECONDS EAST A DISTANCE OF 118.38 FT. TO A POINT, THENCE SOUTH 35 DEGREES 10 MINUTES 32 SECONDS WEST A DISTANCE OF 250.53 FT. BACK TO THE POINT OF BEGINNING.
TRACT 3:
TO FIND THE POINT OF BEGINNING: PROCEED FROM A 2.5" PIPE AS THE SOUTHEAST CORNER OF LAND LOT 244 SOUTH 89 DEGREES 46 MINUTES 20 SECONDS WEST A DISTANCE OF 3,576.36 FT. TO AN IRON PIN, THENCE NORTH 13 DEGREES 05 MINUTES 52 SECONDS WEST A DISTANCE OF 16.15 FT. TO THE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 45 MINUTES 55 SECONDS WEST A DISTANCE OF 24.34 FT. TO A POINT, THENCE NORTH 00 DEGREES 51 MINUTES 42 SECONDS WEST A DISTANCE OF 111.91 FT. TO AN IRON PIN, THENCE SOUTH 13 DEGREES 29 MINUTES 00 SECONDS EAST A DISTANCE OF 1.33 FT. TO AN IRON PIN, THENCE SOUTH 13 DEGREES 05 MINUTES 52 SECONDS EAST A DISTANCE OF 113.45 FT. BACK TO THE POINT OF BEGINNING.
Said legal description being controlling, however the property is more commonly known as 178 JESSICA LANE, BAXLEY, GA 31513.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold on an "as-is" basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is DEBRA L SANNUTTI, JOE SANNUTTI, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024, Telephone Number: 800-846-2222.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2
as Attorney in Fact for
DEBRA L SANNUTTI, JOE SANNUTTI
THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 150, Peachtree Corners, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-13-06157-0001
Ad Run Dates 10/09/2013, 10/16/2013, 10/23/2013, 10/30/2013
www.rubinlublin.com/property-listings.php
10-9, 10-16, 10-23 & 10-30ch

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